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What is an easement by way of necessity?

On Behalf of | Jul 30, 2019 | Real Estate Law

Having an easement on your property in Florida could be a burden at some point, especially if you wish to sell your property. However, there is one type of easement that may not be so easy to identify, which is important to know if you are buying property. A typical title investigation may not always show easements by way of necessity.

An easement by way of necessity is present when there are two properties and one is only accessible by using the other property. For example, if you own a piece of land and in the middle is a lake that is owned by someone else, then you have to allow that owner access to his or her land. This type of easement is not part of a written agreement. It occurs naturally due to necessity. This can make it tough for someone researching the title to know about the easement.

This type of easement has its roots in common law. There is the assumption that someone owning land that is only accessible by going over someone else’s land should have a legal way of accessing his or her property. Therefore, the easement occurs naturally to facilitate access to the land.

There are some limitations to an easement by way of necessity. After all, if you own the land with the easement on it, you should have the right to enjoy your land without constant interruption due to the easement. This information is for education and is not legal advice.